Matthew H. Mues | Davis Wright Tremaine On September 13, 2023, the Oregon Court of Appeals (“Court”) addressed several arguments made by an insurer, Arrowood Indemnity Company (“Arrowood”), as to why it did not have a duty to defend, or why it should only defend covered claims, in environmental litigation involving the Portland Harbor Superfund… Continue reading Oregon Court of Appeals Addresses an Insurer’s Duty to Defend and Affirms “Complete Defense” Rule
Tag: Construction Claims
Supreme Court Addresses Newly Amended Statute of Repose for Construction Claims
David R. Cook, Jr. | Construction and Procurement Blog We have been following the protracted legal battle concerning Southern States Chemical, Inc. v. Tampa Tank & Welding, Inc. This case had been litigated at the Supreme Court and resulted in legislation. In the latest round, the Supreme Court answered whether Georgia’s statute of repose for construction… Continue reading Supreme Court Addresses Newly Amended Statute of Repose for Construction Claims
YOLO: CBCA Finds that a Contractor Cannot Revive Its Expired Appeal Rights by Resubmitting a Claim
Stephen J. McBrady, Michelle D. Coleman, Amanda H. McDowell and Zariah T. Altman | Crowell & Moring On April 6, 2023, the Civilian Board of Contract Appeals (CBCA), in BES Design/Build, LLC, CBCA 7585, dismissed a contractor’s appeal for lack of jurisdiction, finding the appeal untimely, and underscoring that a contractor cannot reset the 90-day appeal… Continue reading YOLO: CBCA Finds that a Contractor Cannot Revive Its Expired Appeal Rights by Resubmitting a Claim
Preserve Your Claims by Preserving the Evidence
John Mark Goodman | BuildSmart A recent case out of Washington serves as a good reminder to preserve evidence that may be relevant to pending or future litigation. That includes not only evidence in the form of documents and electronic information, but also physical evidence. In Seattle Tunnel Partners, 2023 WL 2856616 (Wash. Ct. App. April 10,… Continue reading Preserve Your Claims by Preserving the Evidence
Another Judicial Reminder for Policyholders to Carefully Review Policy Language and Provide Timely Notice of a “Claim”
Stephen Foresta, Aaron Jaroff and Lee Royster | McGuireWoods Insurance policies invariably require insureds to submit timely written notice of a “Claim” made by third parties to obtain coverage from the insurer. A recent decision from the United States District Court for the Southern District of New York is yet another reminder that insureds need… Continue reading Another Judicial Reminder for Policyholders to Carefully Review Policy Language and Provide Timely Notice of a “Claim”